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HomeMy WebLinkAbout2019-05-28 CUP Document Forwarded to CA For Recording Julie Hultman From: Julie Hultman Sent: Tuesday, May 28, 2019 11:24 AM To: Kevin Sandstrom Subject: Menards - Document For Recording Attachments: SKMBT_C55419052810180.pdf Hello Kevin, The Menard's CUP Amendment document is attached for recording with Washington County. Have a great day! 0- Julie Hultman, CBO Planning &Code Enforcement City of Oak Park Heights ' Phone: 651.351.1661 :651.439.0574 s :jhultman@cityofoakoarkheights.com From: bizhubC554@cityofoakparkheights.com <bizhubC554@cityofoakparkheights.com> Sent:Tuesday, May 28, 2019 11:20 AM To:Julie Hultman<jhultman@cityofoakparkheights.com> Subject: Message from KMBT_C554 1 NOTICE OF CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: First Amendment to Conditional Use Permit For Menard, Inc 5800 Krueger Lane. N. with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a full, true and complete copy of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak Park Ff this 28th day of May, 2019. . r ric Jolson City Administrator CITY OF OAK PARK HEIGHTS FIRST AMENDMENT TO CONDITIONAL USE PERMIT FOR MENARD, INC 5800 KRUEGER LANE NORTH OAK PARK HEIGHTS MINNESOTA Planners File No. 236.02-16.01 Date of Amendment: April 23, 2019 Amends permit issued: January 13, 2004 Legal Description: (Washington County Geo. Code: 05.029.20.22.0017) Lot 1, Block 1, Brackey 3rd Addition Owner: Menard, Inc., 5101 Menard Drive, Eau Claire, WI 54073 Applicant: same Site Address: 5800 Krueger Lane North Present Zoning District: B-2, General Business District Conditional use required as set forth in Ordinance Chapter 401 Section 401.04 A.7 I. CONDITIONAL USE PERMITS: This First Amendment amends the Conditional Use Permit issued by the City of Oak Park Heights to Menard, Inc. on January 13, 2004. The City of Oak Park Heights received an application in 2019 from Menards to amend its CUP to significantly remodel, revise, and expand the entrance/exit gate area to its exterior lumber/materials yard. Said expansion includes a variance of the right of way setback from 40 feet to 22 feet, and also proposes to reduce the number of available parking spaces by five, from 402 to 397, which is less than the minimum required. Following public hearing and recommendation by the Planning Commission on April 11, 2019, the City Council granted the amendment to the CUP on April 23, 2019 to allow the yard gate expansion, subject to the terms expressed below. All terms and conditions in the original CUP issued January 13, 2004 remain in full force and effect except as amended by this First Amendment. The City Council of the City of Oak Park Heights approves the First Amendment to the CUP for yard gate expansion project on the subject site with reduced right of way setback and reduced parking spaces to 397. The First Amendment to the CUP shall be subject to the following conditions and/or restrictions imposed by the April 23, 2019 Resolutions of the City Council of the City of Oak Park Heights as follows: All light fixtures shall be full cut off and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. 2. All signs shall comply with the Zoning Ordinance requirements for size, number, placement and internal illumination. Staff shall be permitted to review and approve the lighting specifications for the signs at the time of permitting. The sign lighting shall be designed such that only the text and logo portions of the signs are to be lit at night. The sign background shall be dark. 3. The City Council shall be permitted to review and approve the final building design and materials. 4. The grading, drainage and utility plans shall be subject to review and approval of the City Engineer and the Browns Creek Watershed District. 5. 11ie landscape plan shall be subject to the review and approval of the City Arborist. Menards shall :remove and replace the trees along Krueger Lane as recommended by the City Arborist. The trees shall be guaranteed as living and healthy for one year after being moved or replaced. M. Reference Attachment The report of the City Planner dated March 28 2019 and all exhibits and site plan approved by the City Council are annexed hereto by reference as Exhibit A. IV. Abandonment: This permit requires continuous use in order to preserve the Conditional Uses granted by the City under the terms hereof. Any discontinuation or abandonment of the uses permitted hereunder upon the site for a period of 12 continuous months shall constitute abandonment and void the permit, V. Annual review: An annual review is imposed as a condition of this permit, The Council reserves the right to amend or modify conditions following the review. IN WITNESS WHEREOF, the parties have set forth their hands and seals. Date:. o 7 Date: Date: ""//O� CITY OF OAK P By. MEN-AMD' INC. BY - HEIGHTS City Administrator Theron Berg, Real Estate Manager TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 66303 Phone: 763.231.6840 Facsimile: 763.427.0620 TPC@PlanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: March 28, 2019 &X.iz RE: Oak Park Heights — Menards — Design Guidelines/Site Plan Review and Conditional Use Permits for Setback and Parking — 5800 Kruger Lane North TPC FILE: BACKGROUND 236.02 —19.02 Tyler Edwards of Menards has made application for Design Guidelines/Site Plan review and a Conditional Use Permits for setback and parking for the existing Menards at 5800 Kruger Lane North. The application consists of requests to add an automated express lane requiring an addition to the existing gate at the east side of the site. Five parking spaces are to be removed which places the total parking for the site below the minimum allowed parking when the site was first approved. The approvals for the Menards were granted in March of 1995 including a parking Variance. At the time, 465 spaces were required, and the variance allowed for the site to be constricted with 405 spaces. Currently, there are 402 spaces on the site. Five spaces are removed with the proposed gate building addition resulting in a total of 397 parking spaces on site. The Zoning Ordinance now allows a reduction in required parking spaces by Conditional Use Permit. EXHIBITS The review is based upon the following submittals: Exhibit 1: Applicant's Narrative, February 18, 2019 Exhibit 2: Cover Sheet (CO -1) Exhibit 3: Demolition Plan (C1-2) Exhibit 4: Site Plan (C2-1) Exhibit 5: Grading Drainage Plan (C3-1) Exhibit 6: Detail Sheet (C8-1) Exhibit 7: Partial Topographic Survey (1 of 1) EXHIBIT "A" PLANNERS REPORT AND SITE PLANS Exhibit 8: Menards Site Plan (CT1) Exhibit 9: Gate Canopy Elevations (CT2) Exhibit 10: Comments from the City Arborist (3 pages) PROJECT DESCRIPTION The Applicant's narrative for the project is found as Exhibit 1. Menard, Inc. is in the process of adding an automated express lane to the yard gate at all of our store locations. This new lane will allow guests to scan a barcode from an online order and enter the yard without having to wait for the gate guard to let them in. The addition will be on the east side of the existing gate and the Bence will be moved to accommodate the new entrance lane. The new lane will be covered by an extension of the existing canopy and the new materials will match the green steel front and white steel roof materials on the existing canopy. The existing entrance and exit lanes will remain as they are today and will still be operated by the gate guard. ISSUES ANALYSIS Comprehensive Plan. The property is designated as Commercial on the Proposed Land Use Map. The continued use of the site for retail commercial use is consistent with the Comprehensive Plan. Zoning. The property is zoned B-2 General Business District. The retail use is a permitted use in the B-2 General Business District. Changes to the exterior of the building and the site changes require Design Guidelines and Site Plan review. A Conditional Use Permit is required for the front yard setback and to allow the number of parking spaces to be reduced. Setbacks. The front yard setback requirement in the B-2 District is 40 feet. The current gate building is setback 40 feet from the right of way line of Krueger Lane, but the gate building expansion will encroach into the setback. The proposed setback will be 22 feet. The proposed gate building will extend slightly to the east from the location of the current fence. The fence line is being adjusted to the south of the proposed gate building, but fence setback requirements are not being impacted. In evaluation of the requested Conditional Use Permit for a setback reduction, Section 401.04.A.7 of the Zoning Ordinance directs the Planning Commission and City Council to consider the possible effects of the proposed use, with that judgment based upon (but not limited to) the following factors: a. Relationship to the specific policies and provisions of the municipal comprehensive plan. b. The conformity with present and future land uses in the area. C. The environmental issues and geographic area involved. d. Whether the use will tend to or actually depreciate the area in which it is proposed. 2 e. The impact on character of the surrounding area. f. The demonstrated need for such use. g. Traffic generation by the use in relation to capabilities of streets serving the property. h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. I. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Comment: The use is consistent with the Comprehensive Plan and in conformity with present and future land uses.. There should be no environmental issues or impact to surrounding tenants or property owners resulting from the setback reduction. There is no impact upon public services and facilities and site lines on Krueger Lane will not be impacted. City Staff sees no issues with the expansion of the gate building. The Planning Commission and City Council should determine if the reduction in the front yard setback is appropriate for this site. Traffic Circulation. Traffic circulation within the site will not be impacted with this site change and building expansion. Parking. In March of 1995, the Menards was granted a parking Variance for a reduction in the required number of spaces. At the time, 465 spaces were required, and the Variance allowed for the site to be constricted with 405 spaces. Currently, there are 402 spaces on the site. Five spaces will be removed with the proposed gate building addition resulting in a total of 397 parking spaces on site. The Zoning Ordinance now allows a reducing in required parking spaces by Conditional Use Permit. In evaluation of the requested Conditional Use Permit for a parking reduction, Section 401.04.A.7 of the Zoning Ordinance directs the Planning Commission and City Council to consider the possible effects of the proposed use, with that judgment based upon (but not limited to) the following factors: a. Relationship to the specific policies and provisions of the municipal comprehensive plan. b. The conformity with present and future land uses in the area. C. The environmental issues and geographic area involved. d. Whether the use will tend to or actually depreciate the area in which it is proposed. e. The impact on character of the surrounding area. f. The demonstrated need for such use. g. Traffic generation by the use in relation to capabilities of streets serving the property. h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. I. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.) With the current number of spaces, there have been no parking issues noted at the Menards. With the addition of online ordering, there will be even less demand for parking in the lot at the front of the building. The Planning Commission and City Council should determine if the five -stall parking reduction is appropriate for this business. Staff does not see the reduction of parking as significant and recommends the request. 3 Lighting. The plans do not include any changes to exterior lights installed on gate building or as part of the improvements to the site. Any new light fixtures shall be full cut off and shall be consistent with Section 401.15.6.7 of the Zoning Ordinance as it relates to lighting requirements. Signage. The plans indicate that the lighted signs above the entrance and exits of the gate building are to be removed and relocated on the expanded building. It appears the signs do not comply with current back lighting for signage. The sign lighting should be designed such that only the text and logo portions of the signs are to be lit at night. The sign background will need to be dark. All the relocated or any new signs will be required to comply with the Zoning Ordinance lighting requirements. Staff will approve the lighting specifications for the signs at the time of permitting. Landscaping/Fencing. As part of the gate building expansion and change to the driveway area at the entrance, three evergreen trees are to be moved east. The City Arborist shall review the plans and determine if the three trees can be moved or if they should be replaced. Additionally, the City Arborist is recommending the removal and replacement of four spruce trees on the east side of the fence adjacent to Krueger Lane. A crabapple tree along Krueger Lane near the entrance is recommended to be removed and not replaced. The trees would need to be guaranteed for one year after replacement or if they are moved. Mechanical Screening. No changes to mechanical equipment locations have been indicated on the plans. Grading, Drainage, Erosion Control and Utilities. Grading, drainage and utility plans have been provided by the Applicant. The grading, drainage and utility plans shall be subject to review and approval of the City Engineer. Design Guidelines Architectural Guidelines Facade Treatments The gate building is to be expanded using the same materials and colors to match the existing fagade. Ground Level Expression The fence will be removed and replaced with the facade of the building. The change in ground level expression is not significant. Transparency The transparency will not change with the addition. Entries The entry into the gate building will be widened, but this portion of the site is screened by mature evergreen trees. Roof Design The gate building expansion is an extension of the existing roof structure. Building_ Height The current building is approximately 21 feet to the ridge line and well within the maximum building height of 35 feet. The gate building expansion will be 17 feet at the east elevation. Building Materials and Colors The applicant has provided color elevations for review. All the new building materials are what is currently being used on the structure. Franchise Architecture The building is a franchise design. Site Design Guidelines Building Placement The gate building expansion will result in the need for a setback Conditional Use Permit as discussed in this report. Parking Areas Five spaces will be removed resulting in a parking Conditional Use Permit as discussed in this report. Storm water The drainage plans are subject to review and approval of the City Engineer and the Browns Creek Watershed District. Pedestrian and Common Space Not Applicable. Landscaping There are. minor changes to the landscape plan which include transplanting three trees. The City Arborist recommends removal and replacement of four spruce trees. The plans are subject to the review and approval of the City Arborist. Trees/Shrubs The City Arborist will review the plan comment on whether the trees can be moved or if they should be replaced. Lighting Addressed elsewhere in the planning report. Signage Addressed elsewhere in the planning report. 5 Pedestrian/ Bicycle Routes Not Applicable. CONCLUSION I RECOMMENDATION Subject to the preceding review, City staff recommends approval of the Design Guidelines/Site Plan review and Conditional Use Permits for setback and parking for the existing Menards at 5800 Kruger Lane North subject to the conditions that follow: 1. All light fixtures shall be full cut off and be consistent with Section 401.15.6.7 of the Zoning Ordinance as it relates to lighting requirements. 2. All signs shall be designed to comply with the Zoning Ordinance requirements for size, number, placement and internal illumination. Staff will approve the lighting specifications for the signs at the time of permitting. The sign lighting should be designed such that only the text and logo portions of the signs are to be lit at night. The sign background will need to be dark. 3. The Planning Commission shall comment on the building design and building materials. 4. The grading, drainage and utility plans shall be subject to review and approval of the City Engineer and the Browns Creek Watershed District. 5. The landscape plan shall be subject to the review and approval of the City Arborist. Menards shall remove and replace the trees along Krueger Lane as recommended by the City Arborist. The trees would need to be guaranteed for one year after replacement or if they are moved. pc: Julie Hultman February 18, 2019 RE: Menards Express Lane Addition Dear Mr. Johnson, Menard, Inc. is in the process of adding an automated express lane to the yard gate at all of our store locations. This new lane will allow guests to scan a barcode from an online order and enter the yard without waiting for the gate guard to let them in. The addition will be on the east side of the existing gate and the fence will be moved to accommodate the new entrance lane. The new lane will be covered by an extension of the existing canopy and the new materials will match the green steel front and white steel roof materials on the existing canopy. The existing entrance and exit lanes will remain as they are today and will still be operated by the gate guard. We appreciate you reviewing this project as continual investment in our retail locations is an important part of keeping Menards in operation. With the increase in online shopping this project will be important to keep Menards competitive and allow those shopping trips to stay in this market. If you have any questions as you review this project please let me know. Thank you. Sincerely, Menard, Inc. yier Edwards Real Estate Representative Menard, Inc. 5101 Menard Drive Eau Claire, WI 54703 0:715.876.2143 C:715.579.6699 tedwards@menard-inc.com 5101 MENARD DRIVE EAU CLAIRE, WI 54703-9625 PHONE (715) 876-5911 FAX (715) 876-2868 ;= gnijii i r,t k:G O 3 E :Viibilz Z Z O� Ln C Z C/) CL ,X V W LJJ Z= J ce. 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